Lucas v. City of Checotah Ex Rel. Hall

This appeal involves the correctness of the judgment of the district court of McIntosh county refusing to apply the defense of statute of limitations raised by Jack W. Lucas to the action brought in the name of the city of Checotah, on behalf of street improvement bondholders, to foreclose the lien of delinquent annual assessments.

The street improvement district was created in 1925 under authority of chapter 173, S.L. 1923, 11 O. S. 1941 §§81-113. The last assessment installment became due in 1934 and the bonds matured then. There are delinquent the installments due for the years 1928 to…